Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Punishment of the crime

[2014 Highest 442] Defendant B is an actual operator of an Amcom Manufacturing Business G Co., Ltd. in Ansan-si F, and Defendant A is a person who has been managing the fund of the said G Co., Ltd from December 2008.

1. As the Defendants’ co-principals required operating funds in relation to the above factory operation, the Defendants offered factory machinery as collateral for security and offered money to borrow money, and Defendant A made a false statement to the victim J on December 24, 2009 that “In the affairs of notary public No. H205 of the Daegu-gu, Daegu-gu, Incheon-gu, 2009, Defendant A is conducting a re-convening business in the Dong-dong, but there is a very few prospects. There is insufficient funds to install additional facilities. If 200 million won is lent, the Defendants provided the factory machinery as collateral for transfer and repaid within the due date.”

However, in fact, around 2007, the machinery of the factory that the Defendants offered as security for transfer to the victim had already been placed in the factory mortgage to K, which is the creditor of the company, and thus, there was no obligation to notify the victim of the fact in accordance with the principle of trust and good faith, and there was no intention or ability to pay the amount normally even if the Defendants borrowed money from the victim because of the difficulties in the situation

As above, the Defendants, by deceiving the victim as above, received KRW 100 million from the Daegu Bank Account in the same day under the same name as the loan money from the victim, and received KRW 88 million from the same account on the 28th day of the same month.

2. On January 25, 2010, Defendant A continued to make a false statement to the victim J at the above notary public I office stating that “The funds for repair and new purchase of machinery shall be fluored. If this is resolved only, the company may normally operate. It may lend KRW 50 million to the company.”

However, it was difficult to find out the financial conditions of the company because it did not generate any particular profit in relation to the operation of the factory at the time, and only invested funds.